When a loved one dies as a result of the negligence or deliberate actions of another, the surviving family members can file a wrongful death lawsuit. While some accidental deaths are due to unavoidable circumstances, many are caused by the actions of others. Understanding what constitutes this type of legal claim will help you determine whether or not you should seek the help of a lawyer.
How to Know If You Should Consult a Wrongful Death Lawyer
1. The Victim was Killed in an Assault
If your loved one was killed from an assault, you can seek monetary damages for the loss. Whether the death resulted from a deliberate murder or an injury sustained in a fight, the assailant can be held liable in a civil claim. Often, a civil lawsuit follows a criminal prosecution, and some of the same evidence can be used to pursue the lawsuit.
2. Medical Malpractice Resulted in the Death
Another situation in which you should consult a personal injury lawyer is when a loved one died as the result of a medical negligence. This can include failing to diagnose a disease, a wrong diagnosis, failing to advise a patient of the side effects of a medication or treatment, or making a mistake during surgery. If the patient dies from any of these errors, their family can sue for damages.
3. Fatal Car Accidents
If your loved one is killed in a car accident due to the at-fault driver’s actions, the family may make a claim against the driver. Common causes of traffic accident fatalities include drunk driving, using a cell phone while driving, or knowingly operating an unsafe vehicle.
4. Workplace Deaths
Each state has worker’s compensation laws that prevent employees and their families from suing the employer directly. However, you should still consult an attorney if your loved one was killed on the job. You may be able to seek wrongful death damages from a third-party, such as the supplier of unsafe equipment or hazardous chemicals. A skilled attorney can determine if the third-party breached their duty of care.
There are many situations in which an accidental death, or one caused through deliberate acts, can result in a wrongful death claim. To find out if you can file a claim for the death of your loved one, consult the legal team at Hill & Hovis in High Point, NC. This law firm handles personal injury and worker’s compensation cases, so they have the skills to handle any type of personal injury or wrongful death claim. To schedule your free consultation, visit their website or call (336) 883-6000.